What is Divorce Arbitration?
Divorce Arbitration is a term that is often confused with other terms, such as mediation for example, but Divorce Arbitration is quite different in a number of different ways. When it comes to Divorce Arbitration, there is an individual known as an arbitrator that is charged with listening to both sides of the situation or case, making an official decision based on all of the involved factors accordingly. This is done outside of the court system, and is meant to be not only less expensive than having to go to court, but also much less messy. It is important for you to know when it comes to Divorce Arbitration, that once an official determination is made by the arbitrator, it cannot be appealed, which is the one downside in comparison to mediation. Although Divorce Arbitration occurs outside of the court system, arbitration meetings are known are arbitration hearings. These Divorce Arbitration hearings are typically set up in conference rooms outside of the court system, and lawyers are traditionally present. The arbitrator is charged with listening to both sides of the situation and then has to make a final decision regarding the situation just as a judge normally would.
Why Divorce Arbitration?
Despite the limitations that are associated with Divorce Arbitration, it is a popular option for couples that want to avoid the expense and the messy nature of protracted divorces. Divorce Arbitration is also popular because it keeps things completely private, and also because it allows both of the involved parties to come to an understanding on the situation that is not capable of being appealed by any involved party. This Divorce Arbitration alternative may be ideal for some couples, but because there is not a lot of involved flexibility, it is not the ideal solution for everyone. Before choosing Divorce Arbitration as the route for your situation, it is important to weigh all of the advantages and disadvantages.
Advantages of Divorce Arbitration
There are numerous advantages to Divorce Arbitration, including but not limited to the following: Participants are able to decide who will serve as the judge by choosing a neutral or arbitrator. Parties can particularly select a neutral or arbitrator that has specific expertise, such as choosing an arbitrator with training and experience in taxes, retirement plans, business valuation, non-marital tracing issues, and mental health issues and so on and so forth. Divorce Arbitration offers more privacy than other options for divorce. Divorce Arbitration also offers quicker trial dates and quicker conferences for pre-arbitration, which can result in both less tension and less expense over all. The decision making process is much swifter for Divorce Arbitration than other mediation processes, and it is also less formal. The arbitrator that is hired can offer as much time as you need in order for you to get your case across. There are other benefits associated with Divorce Arbitration as well, but they are typically based on the individual.
Disadvantages of Divorce Arbitration
Just as there are a number of advantages associated with Divorce Arbitration, there are also some disadvantages that have been voiced by people who have been through the process. For example, there is a perception that binding child custody agreements are not possible, although this is not always necessarily true because binding child custody decisions are typically subject to what is known as trial de novo, should the court decide that the award is contrary to the best interest of the child. Another disadvantage is associated with the belief that parties are not being protected by the regulations and rules that permit discovery as well as require disclosure of finances. Under an act known as the Uniform Arbitration Act, there are mechanisms pertaining to disclosure that are provided, and parties may be able to have the arbitrator supervise the discovery process, or the discovery process may be completed before arbitration. Another disadvantage is that many parties are afraid that the arbitrator may be allowed to simply ignore the law. While arbitrators are capable of mistaking law, they are not legally bound to follow the state law and cannot legally defy it. Another disadvantage that is associated with arbitration is the fact that the parties involved in the Divorce Arbitration need to pay for the arbitrator’s time, which is not always cost effective.
How does Divorce Arbitration Work?
An agreement to go through Divorce Arbitration gives the power for conflict resolution to the arbitrator. An arbitration hearing is a hearing that is generally less formal than standard court trials and other types of mediation for divorce. The proceedings involved in a Divorce Arbitration are recorded, and the result of the arbitration process is a written order that is tendered by the arbitrator and given to the trial court judge in conjunction with fact findings and law conclusions. There is a time that is set out in the arbitration agreement that allows parties involved in the arbitration to move for its amendment, which is the same as with motions for vacating and altering as well. Arbitration awards, especially when it comes to Divorce Arbitration, are generally much more difficult to appeal, unless it comes to matters relating to the children in the relationship. If appeal may be necessary, then trial court may be the preferable option in comparison to Divorce Arbitration, although it largely depends on the arbitration agreement in place.
Conclusion
Divorce Arbitration is only one of the options available to you when it comes to resolving divorce related conflicts. While there are both benefits and drawbacks associated with this type of conflict resolution, the only way to know if it is the right option for you is to explore all of your options so that you may make an educated and informed decision accordingly. Divorce Arbitration tends to be more private, less messy and quicker compared to other methods of mediation for divorce issues. If you are dealing with the potential for divorce, it may be ideal to explore Divorce Arbitration as a potential option.